Achieving U.S. citizenship is a major milestone for many immigrants who have made the United States their home and for those who started with conditional residence status, it’s important to understand how this time contributes to their eligibility. This guide will break down the complexities and their role in the citizenship process.
What Is Conditional Residence?
This is similar to permanent residence and is often granted to immigrants based on marriage to a U.S. citizen or through investment as an entrepreneur, they also receive a “green card” and have certain rights and responsibilities, but this status is temporary and expires after two years.
The two-year period allows USCIS to verify that the marriage is legitimate or the investment is genuine. The holders of this status must take specific steps to transition from conditional to permanent residence before their green card expires.
Why Counting Time as a Conditional Resident Matters
For those with conditional residence, time is crucial for becoming eligible for U.S. citizenship. Generally, green card holders must wait five years before applying for citizenship. However, spouses of U.S. citizens can apply after three years of marriage and living together.
Given the long wait times and processing backlogs at USCIS, conditional residents are keen to count as much of their time as possible toward naturalization requirements.
Conditional Residence and Naturalization
The key question is whether your time as a conditional resident counts towards the continuous residence requirement for U.S. citizenship. The answer is yes, but with an important condition: you must successfully transition to permanent residence.
To do this, you need to apply to USCIS to remove the conditions on your residence. The form you use depends on why you received conditional residence:
If it was based on marriage, you’ll use Form I-751.
If it was through investment, you’ll use Form I-829.
Once you file the appropriate form and supporting documents, USCIS will evaluate your eligibility for permanent residence and either approve or deny your application.
Expedited Naturalization Eligibility
In some cases, USCIS processing times for I-751 or I-829 applications can be lengthy, allowing conditional residents to accrue more time than necessary for naturalization eligibility. In such instances, USCIS may permit conditional residents to submit their N-400 naturalization application before their conditions are fully approved. USCIS will then review both applications in sequence.
It’s advisable to consult with an immigration attorney about this expedited naturalization process, as eligibility criteria and procedures can vary.
The Bottom Line
If you’ve spent two years as a conditional resident and successfully transitioned to permanent resident status, those two years count towards the continuous residence requirement for U.S. citizenship. Your residence count typically starts from the date your conditional residence was approved, as noted on your permanent green card.
Navigating the immigration process can be complex, but understanding how conditional residence fits into your path to U.S. citizenship is crucial. If you’re considering naturalization and have questions about your specific situation, seeking advice from an experienced immigration attorney is highly recommended. Your journey to U.S. citizenship may be more straightforward than you think, thanks to your time as a conditional resident.
